Reply to Tell me about suing DCPS for private placement

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Reply to "Tell me about suing DCPS for private placement"

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[quote=Anonymous]
OP - I think you should read through the thread on "Who should be in a self-contained classroom?"  Two things you may realize is this is a parent seeking perhaps a private placement 'whose child has an IEP and who has been in school for at least a couple of years" so there are definite issues to define.  Secondly, and perhaps of some interest to you if you are looking for a reasonable "back door" to a private placement is that it seems in the thread the student is in a DC Charter - and so while technically a public school option (lottery I think most are? it turns out on page 3 that a Charter School is viewed as a separate entity and can be made to pay for private placement if they are unable to serve the needs of a student.  [b]NOTE[/b] in the case referred to the student has had an IEP, has been educated in a setting offered by DC public schools (although a separate entity) and is now offering an alternative to what has been provided.  There are at least three things you would need to overcome - no IEP within the DCPS system, not having any educational experience in DCPS even one semester to argue that they cannot met DC's needs, and not having had your DC fail to meet benchmarks in an educational program of DCPS or a DC Charter.

Most private placements are for students with emotional disturbance/behavior issues or multiple disabilities, including being on the autism spectrum with other modalities, but it seems that there needs to be a "track record" of service delivery and failure to meet the needs of the student to have something to sue about.  I could see an advocate or lawyer advising such an approach of pay the first year and sue if there was a track record to build the basis of the suit on beyond - what you would "like" for DC and therefore how to "skip public education".
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